#THE SCIENCE AND ENGINEERING RESEARCH BOARD ACT, 2008 
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##ARRANGEMENT OF SECTIONS 
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###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title and commencement. 
2. Definitions. 

###CHAPTER II 

###SCIENCE AND ENGINEERING RESEARCH BOARD 

3. Constitution and incorporation of Board. 
4. Secretary and other officers and employees of Board. 
5. Oversight Committee of Experts. 
6. Committees of Board. 
7. Powers and functions of Board. 

###CHAPTER III 

###APPLICATION FOR SANCTION OF FINANCIAL ASSISTANCE 

8. Application for availing of financial assistance. 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

9. Grants and loans by Central Government. 
10. Fund for Science and Engineering Research. 
11. Budget. 
12. Annual report. 
13. Accounts and audit. 
14. Annual report and auditor's report to be laid before Parliament. 

###CHAPTER V 

###MISCELLANEOUS 

15. Returns to be furnished to Board. 
16. Power of Central Government to issue directions. 
17. Power of Central Government to supersede Board. 
18. Delegation. 
19. Protection of action taken in good faith. 
20. Power of Central Government to make rules. 
21. Power of Board to make regulations. 
22. Rules and regulations to be laid before Parliament. 



#THE SCIENCE AND ENGINEERING RESEARCH BOARD ACT, 2008 

##ACT NO. 9 OF 2009 

[17th January, 2009.] 

An Act  to  provide  for the constitution of a  Board for promoting basic  research in  Science and 
  Engineering  and  to  provide  financial  assistance  to  persons  engaged  in  such  research, 
  academic  institutions,  research  and  development  laboratories,  industrial  concerns  and  other 
  agencies for such research and for matters connected therewith or incidental thereto. 

  BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title and commencement.**—(1)  This  Act  may  be  called  the  Science  and  Engineering 
Research Board Act, 2008. 

(2) It  shall  come  into  force  on  such  date  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “Board” means the Science and Engineering Research Board constituted under sub-section (1) 
of section 3; 

  (b) “Chairperson” means the Chairperson of the Board; 

  (c) “Fund”  means  the  Fund  for  Science  and  Engineering  Research  constituted  under 
sub-section (1) of section 10; 

  (d) “member” means a member of the Board and includes the Chairperson; 

  (e) “Oversight  Committee”  means  the  Oversight  Committee  of  Experts  constituted  under 
sub-section (1) of section 5; 

  (f) “prescribed” means prescribed by rules made under this Act; 

  (g) “Secretary” means the Secretary of the Board appointed under sub-section (1) of section 4. 

###CHAPTER II 

###SCIENCE AND ENGINEERING RESEARCH BOARD 

3. **Constitution and incorporation of Board.**—(1) The Central Government shall, by notification in 
the  Official  Gazette,  constitute,  for  the  purposes  of  this  Act,  a  Board  to  be  called  the  Science  and 
Engineering Research Board. 

(2) The  Board  shall  be  a  body  corporate  by  the  name  aforesaid  having  perpetual  succession  and  a 
common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue 
and be sued. 

(3) The Board shall consist of the following persons, namely:— 

  (a) Secretary  to  the  Government  of  India  in  the  Department  of  Science  and  Technology, 
*ex officio*—Chairperson; 

  (b) Member-Secretary, Planning Commission, ex officio—Member; 

  (c) Secretary to the  Government  of India in the  Department  of  Biotechnology, 
*ex officio*—Member; 

  (d) Secretary to the Government of India in the Department of Scientific and Industrial Research, 
*ex officio*—Member; 

  (e) Secretary to the Government of India in the Ministry of Earth Sciences, *ex officio*—Member; 

  (f) Secretary to the Government of India in the Department of Expenditure, Ministry of Finance 
or his nominee, *ex officio*—Member; 

  (g) Secretary to the  Government  of  India in the  Department  of  Health  Research, 
*ex officio*—Member; 

  (h) not  more  than  three  members  to  be  appointed  by  the  Central  Government  from  amongst 
persons having experience in scientific research in different disciplines in academic institutions; 

  (i) not  more  than  three  members  to  be  appointed  by  the  Central  Government  from  amongst 
persons  having  experience  in  scientific  research  in  different  disciplines  in  Government  research 
laboratories; 

  (j) not  more  than  four  members  to  be  appointed  by  the  Central  Government  from  amongst 
persons having experience in scientific research in different disciplines in the industry, international 
projects  on  science  and  technology,  socio-economic  sectors  and  other  Government  research 
laboratories. 

(4) The Head Office of the Board shall be at Delhi or in the National Capital Region. 

(5) The  qualifications  and  experience,  term  of  office  and  allowances  of  the  members  specified  in 
clauses (h) to (j) of sub-section (3) shall be such as may be prescribed. 

(6) The  Chairperson  shall,  in  addition  to  presiding  over  the  meetings  of  the  Board,  exercise  and 
discharge such powers and duties, as may be prescribed or delegated to him by the Board. 

(7) No act or proceeding of the Board shall be invalidated merely by reason of— 

  (a) any vacancy in, or any defect in the constitution of, the Board; 

  (b) any defect in the appointment of a person acting as a member of the Board; 

  (c) any irregularity in the procedure of the Board not affecting the merits of the case. 

4. **Secretary and other officers and employees of Board.**—(1) The Board may appoint an eminent 
Scientist not below the rank of Additional Secretary to the Government of India as the Secretary of the 
Board, in consultation with the Central Government. 

(2) The  Board  may  appoint  such  other  officers  and  employees  as  it  considers  necessary  for  the 
efficient discharge of its functions under this Act. 

(3) The  qualifications  and  experience,  terms  and  conditions  of  service  including  salary  and 
allowances  of  the  Secretary  and  other  officers  and  employees  of  the  Board  shall  be  such  as  may  be 
specified in the regulations made by the Board. 

(4) The  Board  may  engage  the  services  of  personnel,  both  from  within  and  outside  the  country  as 
consultants, visiting scientists on such terms and conditions and remunerations as may be specified in the 
regulations made by the Board and shall facilitate their operations within the country. 

5. **Oversight Committee of Experts.**—(1) Subject to the rules made in this behalf, the Board shall 
constitute an Oversight Committee of Experts consisting of experts, eminent scientists and academics to 
advise and assist the Board. 

(2) The Oversight Committee shall consist of the following persons, namely:— 

  (i) a scientist of eminence and international repute—Chairperson; 

  (ii) Secretary to the Government of India in the Department of Science and Technology, 
*ex officio*—Vice-Chairperson; 

  (iii) Presidents  of  Indian  National  Science  Academy,  Indian  Academy  of  Sciences  and  Indian 
National Academy of Engineering, *ex officio*—Members; 

  (iv) not  more  than  three  members  to  be  appointed  by  the  Central  Government  from  amongst 
distinguished experts in different areas of science and technology; and 

  (v) Secretary to the Board, *ex officio*—Member. 

6. **Committees of Board.**—(1) Subject to the rules made in this behalf, the Board may appoint such 
committees as may be necessary for the efficient discharge of its duties and performance of its functions 
under this Act. 

(2) The  Board  shall  have  the  power to co-opt as members of any committee appointed under 
sub-section (1), such number of persons who are not members of the Board as it may think fit, and the 
person  so  co-opted  shall  have  the  right  to  attend  the  meetings  of  the  committee,  and  take  part  in  the 
proceedings of the committee. 

7. **Powers and functions of Board.**—(1)  The  Board  shall  serve  as  a  premier  multi-disciplinary 
research  funding  agency  for  planning,  promoting  and  funding  basic  research  in  the  emerging  areas  of 
science and engineering. 

(2) The powers and functions of the Board shall, inter alia, include— 

  (i) serving as a premier multi-disciplinary research agency for planning, promoting and funding 
of internationally competitive research in emerging areas; 

  (ii) considering  and  taking  decisions  on  the  recommendations  and  suggestions  made  by  the 
Oversight Committee; 

  (iii) identifying major inter-disciplinary research areas, and individuals, groups or institutions and 
funding them for undertaking research; 

  (iv) evolving nationally coordinated programmes in various identified areas involving institutions 
that will have a multiplier effect in promoting research; 

  (v) assisting in setting up infrastructure and environment for scientific pursuit; 

  (vi) achieving synergy between academic institutions, research and development laboratories and 
industry for promoting basic research in science and engineering; 

  (vii) evolving  a  management  system  to  speedily  provide  for  funding  research,  including 
monitoring and evaluation, by adopting modern management practices; 

  (viii) evolving  participation  in  international  collaborative  projects,  wherever  necessary  or 
desirable; and 

  (ix) taking  over  and  continuance  of  the  basic  research  projects  and  programmes  undertaken  or 
funded  by  the  Central  Government  under  the  existing  Science  and  Engineering  Research  Council 
scheme. 

(3) The Board may provide financial assistance for the purposes specified in sub-section (2), in the 
form  of  grants  and  loans  to  individuals,  academic  institutions,  research  and  development  laboratories, 
industries and other organisations. 

###CHAPTER III 

###APPLICATION FOR SANCTION OF FINANCIAL ASSISTANCE 

8. **Application for availing of financial assistance.**—(1)  An  application  for  availing  of  financial 
assistance for the purposes specified in sub-section (1) of section 7 shall be made to the Board in such 
form as may be prescribed. 

(2) The Board may, after examining the application and after making such enquiries or seeking such 
clarifications  as  it  considers  necessary,  by  order  in  writing,  either  sanction  the  financial  assistance  or 
refuse the same. 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

9. **Grants and loans by Central Government.**—The  Central  Government  may,  after  due 
appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums 
of money as that Government may consider necessary. 

10. **Fund for Science and Engineering Research.**—(1) There shall be constituted a Fund to be 
called the Fund for Science and Engineering Research and there shall be credited to the Fund— 

  (a) any grants and loans made to the Board by the Central Government under section 9; 

  (b) all sums received by the Board including donations from any other source; 

  (c) recoveries made of the amounts granted from the Fund; and 

  (d) any income from investment of the amount of the Fund. 

(2) The Fund shall be applied for meeting— 

  (a) expenses on the object and for the purposes authorised by this Act; 

  (b) salaries, allowances and other expenses of the members, officers and other employees of the 
Board; 

  (c) remunerations of the consultants and visiting scientists; and 

  (d) expenses of the Board in the discharge of its functions under this Act. 

11. **Budget.**—The Board shall prepare, in such form and at such time in each financial year, as may 
be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the 
Board and forward the same to the Central Government. 

12. **Annual report.**—The Board shall prepare, in such form and at such time in each financial year, 
as may be prescribed, its annual report, giving a full account of its activities during the previous financial 
year, and submit a copy thereof to the Central Government. 

13. **Accounts and audit.**—(1) The Board shall maintain proper accounts and other relevant records 
and  prepare  an  annual  statement  of  accounts  in  such  form  as  may  be  prescribed  by  the  Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The  Comptroller  and  Auditor-General  of  India  or  any  other  person  appointed  by  him  in 
connection with the auditing of the accounts of the Board under this Act shall have the same rights and 
privileges  and  the  authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  of 
India has in connection with the auditing of the Government accounts and, in particular, shall have the 
right to demand the production of books, accounts, connected vouchers and other documents and papers 
and to inspect any of the office of the Board under this Act. 

(3) The  accounts  of  the  Board  shall  be  audited  by  the  Comptroller  and  Auditor-General  of  India 
annually and any expenditure incurred in connection with such audit shall be payable by the Board to the 
Comptroller and Auditor-General. 

(4) The  Board  shall  furnish  to  the  Central  Government,  before  such  date  as  may  be  prescribed,  its 
audited copy of accounts together with auditor's report. 

14. **Annual report and auditor's report to be laid before Parliament.**—The Central Government 
shall  cause the annual report and  auditor's  report to be  laid, as  soon  as  may  be  after they  are  received, 
before each House of Parliament. 

###CHAPTER V 

###MISCELLANEOUS 

15. **Returns to be furnished to Board.**—(1)  An  industrial  concern  or  an  institution  receiving 
financial assistance from the Board shall furnish return to the Board in such form and at such time as may 
be specified by regulations. 

(2) The  Board  may  authorise  an  officer  to  visit  any  industrial  concern  or  institution  referred  to  in 
sub-section (1) at any time to verify the accuracy of any return made under this section. 

16. **Power of Central Government to issue directions.**—(1)  Without  prejudice  to  the  foregoing 
provisions  of  this  Act,  the  Board  shall,  in  the  discharge  of  its  functions  and  duties  under  this  Act,  be 
bound by such directions on questions of policy as the Central Government may give in writing to it from 
time to time: 

  Provided  that  the  Board  shall,  as  far  as  practicable,  be  given  an  opportunity  to  express  its  views 
before any direction is given under this sub-section. 

(2) The decision of the Central Government, whether a question is one of the policy or not, shall be 
final. 

17. **Power of Central Government to supersede Board.**—(1) If at any time the Central Government 
is of the opinion— 

  (a) that on account of grave emergency, the Board is unable to discharge the functions and the 
duties imposed on it by or under the provisions of this Act; or 

  (b) that  the  Board  has  persistently  made  default  in  complying  with  any  direction  issued  by  the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under the provisions of this Act and as a result of such default the financial position of the Board or 
the administration of the Board has deteriorated; or 

  (c) that circumstances exist which render it necessary in the public interest so to do, 
the Central Government may, by notification in the Official Gazette, supersede the Board for such period, 
not exceeding six months, as may be specified in the notification. 

(2) Upon the publication of a notification under sub-section (1) superseding the Board,— 

  (a) all the members shall, as from the date of supersession, vacate their offices as such; 

  (b) all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  Board  shall,  until  the  Board  is  reconstituted  under 
sub-section (3),  be  exercised  and  discharged  by  such  person  or  persons  as the Central  Government 
may direct; and 

  (c) all  property  owned  or  controlled  by  the  Board  shall,  until  the  Board  is  reconstituted  under 
sub-section (3), vest in the Central Government. 

(3) On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under 
sub-section (1), the Central Government may reconstitute the Board by a fresh appointment and in such 
case  any  person  or  persons  who  vacated  their  offices  under  clause  (a)  of  sub-section  (2),  shall  not  be 
deemed to be disqualified for appointment: 

  Provided  that  the  Central  Government  may,  at  any  time,  before  the  expiration  of  the  period  of 
supersession, take action under this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any action taken under this section and the circumstances leading to such action to be laid before each 
House of Parliament at the earliest. 

18. **Delegation.**—The Board may, by general or special order in writing, delegate to the Chairperson 
or any other member or to any officer of the Board subject to such conditions and limitations, if any, as 
may be specified in the order, such of its powers and functions under this Act (except the power under 
section 21) as it may deem necessary. 

19. **Protection of action taken in good faith.**—No  prosecution  or  other  legal  proceeding  shall  lie 
against  the  Central  Government  or  the  Board  or  any  committee  appointed  by  it  or  any  member  of  the 
Board or such committee, or any officer or employee of the Government or the Board or any other person 
authorised by the Central Government or the Board for anything which is in good faith done or intended 
to be done under this Act or the rules or regulations made thereunder. 

20. **Power of Central Government to make rules.**—(1)  The  Central  Government  may,  by 
notification in the Official Gazette, make rules to carry out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 
of the following matters, namely:— 

  (a) the qualifications and experience, term of office and other allowances of the members of the 
Board, under sub-section (5) of section 3; 

  (b) the powers and duties of the Chairperson under sub-section (6) of section 3; 

  (c) the constitution of Oversight Committee under section 5; 

  (d) the constitution of committees under sub-section (1) of section 6; 

  (e) the form of application under sub-section (1) of section 8; 

  (f) the form in which, and the time at which the Board shall prepare its budget under section 11 
and its annual report under section 12; 

  (g) the  form  of  annual  statement  of  accounts  under  sub-section  (1)  of  section  13  and  the  date 
before  which  audited  copy  of  the  accounts  may  be  furnished  to  the  Central  Government  under 
sub-section (4) of that section; 

  (h) any other matter which is to be or may be prescribed or in respect of which provision is to be, 
or may be, made by rules. 

21. **Power of Board to make regulations.**—(1) The Board may, with the previous approval of the 
Central Government, by notification in the Official Gazette, make regulations consistent with this Act and 
the rules generally to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 
provide for all or any of the following matters, namely:— 

(a) the  qualifications  and  experience,  terms  and  conditions  of  service  including  salaries  and 
allowances of the Secretary and other officers and employees of the Board under sub-section (2) of 
section 4; 

(b) the form in which and the time  at  which  the  returns  may  be  furnished  to  the  Board  under 
sub-section (1) of section 15. 

22. **Rules  and  regulations  to  be  laid  before  Parliament.**—Every  rule  and  every  regulation  made 
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it 
is in session, for a total period of thirty days which may be comprised in one session or in two or more 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or 
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule or regulation.